83 FR 660 - Fine Denier Polyester Staple Fiber From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 4 (January 5, 2018)
International Trade Administration
Federal Register Volume 83, Issue 4 (January 5, 2018)
| Page Range | 660-662 | |
| FR Document | 2017-28257 |
[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)] [Notices] [Pages 660-662] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-28257] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-893] Fine Denier Polyester Staple Fiber From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that fine denier polyester staple fiber (fine denier PSF) from the Republic of Korea (Korea) are being, or is likely to be sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2016, through March 31, 2017. FOR FURTHER INFORMATION CONTACT: Karine Gziryan or Celeste Chen, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4081 or (202) 482-0890, respectively. DATES: Applicable January 5, 2018. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). The Department published the notice of initiation of this investigation on June 27, 2017.\1\ On October 24, 2017, the Department postponed the preliminary determination of this investigation and the revised deadline is now December 18, 2017.\2\ For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.\3\ A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Fine Denier Polyester Staple Fiber from the People's Republic of China, India, the Republic of Korea, Taiwan, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 82 FR 29023 (June 27, 2017) (Initiation Notice). \2\ See Fine Denier Polyester Staple Fiber from the People's Republic of China, India, the Republic of Korea, and Taiwan: Postponement of Preliminary Determinations in Less-Than-Fair-Value Investigations, 82 FR 49178 (October 24, 2017). \3\ See Memorandum, ``Decision Memorandum for the Preliminary Determination in the Less-Than-Fair Value Investigation of Fine Denier Polyester Staple Fiber from the Republic of Korea,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is fine denier polyester staple fiber from Korea. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to the Department's regulations,\4\ the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).\5\ Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments [[Page 661]] timely received, see the Preliminary Scope Decision Memorandum.\6\ The Department is preliminarily modifying the scope language as it appeared in the Initiation Notice. See the revised scope in Appendix I to this notice. --------------------------------------------------------------------------- \4\ See Antidumping Duties; Countervailing Duties: Final Rule, 62 FR 27296, 27323 (May 19, 1997). \5\ See Initiation Notice. \6\ See Memorandum, ``Fine Denier Polyester Staple Fiber from the Republic of Korea: Scope Comments Decision Memorandum for the Preliminary Determination'' (Preliminary Scope Decision Memorandum), dated December 8, 2017. --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 731 of the Act. The Department has calculated export prices in accordance with section 772(a) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. Furthermore, pursuant to section 776(a) and (b) of the Act, the Department has preliminarily relied upon facts otherwise available, with adverse inferences, for Huvis Corporation (Huvis) and Down Nara, Co. Ltd. (Down Nara) which did not respond to the Department's questionnaire.\7\ For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \7\ Toray Chemical Korea Inc. (TCK), Huvis, and Down Nara are the mandatory respondents in this investigation. See Huvis Corporation's Letter, ``Fine Denier Polyester Staple Fiber from the Republic of Korea: Notice of Intent Not to Participate,'' dated August 10, 2017 (Huvis Notice of Intent). --------------------------------------------------------------------------- All-Others Rate In accordance with section 735(d)(1)(A)(i) of the Act, the Department determined weighted-average dumping margins for each of the producers/exporters of the subject merchandise individually investigated. Pursuant to sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act, the Department shall determine an estimated all-others rate for all exporters and producers not individually examined equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Where the rates for the individually investigated companies are all zero or de minimis, or determined entirely using facts otherwise available, section 735(c)(5)(B) of the Act instructs the Department to establish ``any reasonable method to establish the estimated all-others rate for exporters and producers not individually investigated, including averaging the estimated weighted average dumping margins determined for the exporters and producers individually investigated.'' The Department has preliminarily determined the estimated weighted-average dumping margins for the two non-responsive companies, Huvis and Down Nara, under section 776 of the Act and determined that the estimated weighted-average dumping margin for TCK is zero. Pursuant to section 735(c)(5)(B) of the Act, we calculated the ``all-others''' rate as a simple average of the zero percent dumping margin and the two dumping margins based totally on AFA. For a full description of the methodology underlying the Department's analysis, see the Preliminary Decision Memorandum. Preliminary Determination The Department preliminarily determines that the following estimated weighted-average dumping margins exist: ------------------------------------------------------------------------ Estimated weighted- average Exporter/producer dumping margin (percent) ------------------------------------------------------------------------ Toray Chemical Korea Inc................................... (*) Huvis Corporation.......................................... 45.23 Down Nara, Co., Ltd........................................ 45.23 All-Others................................................. 30.15 ------------------------------------------------------------------------ * de minimis. Consistent with section 733(b)(3) of the Act, the Department disregards de minimis rates and preliminarily determines that the individually examined respondent with a de minimis rate did not sell subject merchandise at LTFV. Suspension of Liquidation In accordance with section 733(d)(2) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise, except as explained below; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. Because the estimated weighted-average dumping margin for TCK is zero, entries of shipments of subject merchandise produced and exported by TCK will not be subject to suspension of liquidation or cash deposit requirements. In such situations, the Department applies the exclusion to the provisional measures to the producer/exporter combination that was examined in the investigation. Accordingly, the Department is directing CBP not to suspend liquidation of entries of subject merchandise produced and exported by TCK. Entries of shipments of subject merchandise from TCK in any other producer/exporter combination, or by third parties that sourced subject merchandise from the excluded producer/exporter combination, are subject to the provisional measures at the all others rate. Should the final estimated weighted-average dumping margin be zero or de minimis for subject merchandise exported and produced by TCK, entries of shipments of subject merchandise from this producer/exporter combination will be excluded from the potential antidumping duty order. Such exclusions are not applicable to merchandise exported to the United States by TCK in any other producer/exporter combinations or by third parties that sourced subject merchandise from the excluded producer/exporter combinations. Disclosure The Department intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i) of the Act, the Department intends to verify TCK 's information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this proceeding, unless the Secretary alters [[Page 662]] the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline for case briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. --------------------------------------------------------------------------- \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request for a hearing to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of the Department's regulations requires that a request by exporters for postponement of the final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On November 13, 2017, pursuant to 19 CFR 351.210(e), TCK requested that the Department postpone the final determination and that provisional measures be extended to a period not to exceed six months.\9\ In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) Our preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, the Department is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, we will make our final determination no later than 135 days after the date of publication of this preliminary determination.\10\ --------------------------------------------------------------------------- \9\ See Petitioner's Letter, ``Fine Denier Polyester Staple Fiber from India, the People's Republic of China, the Republic of Korea, and Taiwan--Petitioners' Request to Postpone the Antidumping Duty Preliminary Determinations,'' dated October 13, 2017. \10\ See also 19 CFR 351.210(e). --------------------------------------------------------------------------- International Trade Commission Notification In accordance with section 733(f) of the Act, the Department will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: December 18, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is f[igrave]ne denier polyester staple fiber (fine denier PSF), not carded, combed, or pre-opened, measuring less than 3.3 decitex (3 denier) in diameter. The scope covers all fine denier PSF, whether coated or uncoated. The following products are excluded from the scope: (1) PSF equal to or greater than 3.3 decitex (more than 3 denier, inclusive) currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 5503.20.0045 and 5503.20.0065. (2) Low-melt PSF defined as a bi-component polyester fiber having a polyester fiber component that melts at a lower temperature than the other polyester fiber component, which is currently classifiable under HTSUS subheading 5503.20.0015. Fine denier PSF is classifiable under the HTSUS subheading 5503.20.0025. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Preliminary Determination V. Postponement of Final Determination and Extension of Provisional Measures VI. Scope of the Investigation VII. Scope Comments VIII. Discussion of Methodology Application of Adverse Facts Available (AFA) Corroboration of Secondary Information All-Others Rate Comparisons to Normal Value A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis IX. Date of Sale X. U.S. Price XI. Normal Value A. Home Market Viability B. Level of Trade C. Calculation of Normal Value Based on Comparison-Market Prices D. Calculation of NV Based on CV E. Cost of Production Analysis 1. Calculation of COP 2. Results of COP Test XII. Currency Conversion XIII. Verification XIV. Recommendation [FR Doc. 2017-28257 Filed 1-4-18; 8:45 am] BILLING CODE 3510-DS-P
![660 Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices
entries of subject merchandise from Dated: December 29, 2017. on June 27, 2017.1 On October 24, 2017,
these companies will be liquidated at Christian Marsh, the Department postponed the
the China-wide rate.13 Deputy Assistant Secretary for Enforcement preliminary determination of this
and Compliance. investigation and the revised deadline is
Cash Deposit Requirements now December 18, 2017.2 For a
Appendix
The following cash deposit complete description of the events that
List of Topics Discussed in the Preliminary followed the initiation of this
requirements will be effective upon Decision Memorandum investigation, see the Preliminary
publication of the final results of this
I. Summary Decision Memorandum.3 A list of topics
administrative review for all shipments II. Background included in the Preliminary Decision
of the subject merchandise from China III. Scope of the Order Memorandum is included as Appendix
entered, or withdrawn from warehouse, IV. Discussion of Methodology II to this notice. The Preliminary
for consumption on or after the A. Preliminary Determination of No Decision Memorandum is a public
publication date, as provided for by Shipments
B. Non-Market Economy Country Status
document and is on file electronically
section 751(a)(2)(C) of the Act: (1) For via Enforcement and Compliance’s
C. Separate Rates Determination
the companies listed above that have a Antidumping and Countervailing Duty
1. Absence of De Jure Control
separate rate, the cash deposit rate will 2. Absence of De Facto Control Centralized Electronic Service System
be that rate established in the final 3. Companies Not Eligible for a Separate (ACCESS). ACCESS is available to
results of this review (except, if the rate Rate registered users at https://
is zero or de minimis, then a cash 4. Separate Rate for Eligible, Non-Selected access.trade.gov, and to all parties in the
deposit rate of zero will be established Companies Central Records Unit, Room B8024 of
for that company); (2) for previously V. Recommendation the main Department of Commerce
investigated or reviewed China and non- [FR Doc. 2018–00016 Filed 1–4–18; 8:45 am] building. In addition, a complete
China exporters that received a separate BILLING CODE 3510–DS–P version of the Preliminary Decision
rate in a prior segment of this Memorandum can be found at http://
proceeding, the cash deposit rate will enforcement.trade.gov/frn/. The signed
DEPARTMENT OF COMMERCE and electronic versions of the
continue to be the existing exporter-
specific rate; (3) for all China exporters Preliminary Decision Memorandum are
International Trade Administration
of subject merchandise that have not identical in content.
been found to be entitled to a separate [A–580–893]
Scope of the Investigation
rate, the cash deposit rate will be the Fine Denier Polyester Staple Fiber The product covered by this
rate for the China-wide entity, which is From the Republic of Korea: investigation is fine denier polyester
76.45 percent; and (4) for all non-China Preliminary Affirmative Determination staple fiber from Korea. For a complete
exporters of subject merchandise that of Sales at Less Than Fair Value, description of the scope of this
have not received their own rate, the Postponement of Final Determination, investigation, see Appendix I.
cash deposit rate will be the rate and Extension of Provisional Measures
applicable to China exporter(s) that Scope Comments
supplied that non-China exporter. These AGENCY: Enforcement and Compliance, In accordance with the preamble to
deposit requirements, when imposed, International Trade Administration, the Department’s regulations,4 the
shall remain in effect until further Department of Commerce. Initiation Notice set aside a period of
notice. SUMMARY: The Department of Commerce time for parties to raise issues regarding
(the Department) preliminarily product coverage (i.e., scope).5 Certain
Notification to Importers determines that fine denier polyester interested parties commented on the
staple fiber (fine denier PSF) from the scope of the investigation as it appeared
This notice also serves as a
Republic of Korea (Korea) are being, or in the Initiation Notice. For a summary
preliminary reminder to importers of is likely to be sold in the United States of the product coverage comments and
their responsibility under 19 CFR at less than fair value (LTFV). The rebuttal responses submitted to the
351.402(f) to file a certificate regarding period of investigation (POI) is April 1, record for this preliminary
the reimbursement of antidumping and/ 2016, through March 31, 2017. determination, and accompanying
or countervailing duties prior to discussion and analysis of all comments
FOR FURTHER INFORMATION CONTACT:
liquidation of the relevant entries Karine Gziryan or Celeste Chen, AD/
during this review period. Failure to CVD Operations, Office IV, Enforcement 1 See Fine Denier Polyester Staple Fiber from the
comply with this requirement could and Compliance, International Trade People’s Republic of China, India, the Republic of
result in the Secretary’s presumption Korea, Taiwan, and the Socialist Republic of
Administration, U.S. Department of Vietnam: Initiation of Less-Than-Fair-Value
that reimbursement of antidumping Commerce, 1401 Constitution Avenue Investigations, 82 FR 29023 (June 27, 2017)
and/or countervailing duties occurred NW, Washington, DC 20230; telephone: (Initiation Notice).
and the subsequent assessment of (202) 482–4081 or (202) 482–0890, 2 See Fine Denier Polyester Staple Fiber from the
double antidumping duties. People’s Republic of China, India, the Republic of
respectively. Korea, and Taiwan: Postponement of Preliminary
We are issuing and publishing these DATES: Applicable January 5, 2018. Determinations in Less-Than-Fair-Value
preliminary results of review in Investigations, 82 FR 49178 (October 24, 2017).
SUPPLEMENTARY INFORMATION:
daltland on DSKBBV9HB2PROD with NOTICES
3 See Memorandum, ‘‘Decision Memorandum for
accordance with sections 751(a)(l) and the Preliminary Determination in the Less-Than-
777(i)(l) of the Act and 19 CFR 351.213. Background Fair Value Investigation of Fine Denier Polyester
This preliminary determination is Staple Fiber from the Republic of Korea,’’ dated
concurrently with, and hereby adopted by, this
made in accordance with section 733(b) notice (Preliminary Decision Memorandum).
of the Tariff Act of 1930, as amended 4 See Antidumping Duties; Countervailing Duties:
13 For a full discussion of this practice, see NME (the Act). The Department published the Final Rule, 62 FR 27296, 27323 (May 19, 1997).
AD Assessment. notice of initiation of this investigation 5 See Initiation Notice.
VerDate Sep<11>2014 16:30 Jan 04, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\05JAN1.SGM 05JAN1](https://thefederalregister.org/doc/83_FR_664/page/1.svg)
![662 Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices
the time limit. Rebuttal briefs, limited to section 735(a)(2)(A) of the Act and 19 Fine denier PSF is classifiable under the
issues raised in case briefs, may be CFR 351.210(b)(2)(ii), because: (1) Our HTSUS subheading 5503.20.0025. Although
submitted no later than five days after preliminary determination is the HTSUS subheadings are provided for
convenience and customs purposes, the
the deadline for case briefs.8 Pursuant to affirmative; (2) the requesting exporter
written description of the scope of this
19 CFR 351.309(c)(2) and (d)(2), parties accounts for a significant proportion of investigation is dispositive.
who submit case briefs or rebuttal briefs exports of the subject merchandise; and
in this investigation are encouraged to (3) no compelling reasons for denial Appendix II
submit with each argument: (1) A exist, the Department is postponing the List of Topics Discussed in the Preliminary
statement of the issue; (2) a brief final determination and extending the Decision Memorandum
summary of the argument; and (3) a provisional measures from a four-month I. Summary
table of authorities. period to a period not greater than six II. Background
Pursuant to 19 CFR 351.310(c), months. Accordingly, we will make our III. Period of Investigation
interested parties who wish to request a final determination no later than 135 IV. Postponement of Preliminary
hearing, limited to issues raised in the days after the date of publication of this Determination
case and rebuttal briefs, must submit a preliminary determination.10 V. Postponement of Final Determination and
written request for a hearing to the Extension of Provisional Measures
International Trade Commission VI. Scope of the Investigation
Assistant Secretary for Enforcement and
Notification VII. Scope Comments
Compliance, U.S. Department of
In accordance with section 733(f) of VIII. Discussion of Methodology
Commerce, within 30 days after the date Application of Adverse Facts Available
of publication of this notice. Requests the Act, the Department will notify the
(AFA)
should contain the party’s name, International Trade Commission (ITC) of Corroboration of Secondary Information
address, and telephone number, the its preliminary determination. If the All-Others Rate
number of participants, whether any final determination is affirmative, the Comparisons to Normal Value
participant is a foreign national, and a ITC will determine before the later of A. Determination of the Comparison
list of the issues to be discussed. If a 120 days after the date of this Method
request for a hearing is made, the preliminary determination or 45 days B. Results of the Differential Pricing
Department intends to hold the hearing after the final determination whether Analysis
these imports are materially injuring, or IX. Date of Sale
at the U.S. Department of Commerce, X. U.S. Price
1401 Constitution Avenue NW, threaten material injury to, the U.S.
XI. Normal Value
Washington, DC 20230, at a time and industry. A. Home Market Viability
date to be determined. Parties should Notification to Interested Parties B. Level of Trade
confirm by telephone the date, time, and C. Calculation of Normal Value Based on
location of the hearing two days before This determination is issued and Comparison-Market Prices
the scheduled date. published in accordance with sections D. Calculation of NV Based on CV
733(f) and 777(i)(1) of the Act and 19 E. Cost of Production Analysis
Postponement of Final Determination CFR 351.205(c). 1. Calculation of COP
and Extension of Provisional Measures 2. Results of COP Test
Dated: December 18, 2017.
XII. Currency Conversion
Section 735(a)(2) of the Act provides Gary Taverman, XIII. Verification
that a final determination may be Deputy Assistant Secretary for Antidumping XIV. Recommendation
postponed until not later than 135 days and Countervailing Duty Operations
[FR Doc. 2017–28257 Filed 1–4–18; 8:45 am]
after the date of the publication of the performing the non-exclusive functions and
BILLING CODE 3510–DS–P
preliminary determination if, in the duties of the Assistant Secretary for
event of an affirmative preliminary Enforcement and Compliance.
determination, a request for such Appendix I DEPARTMENT OF COMMERCE
postponement is made by exporters who
account for a significant proportion of Scope of the Investigation
International Trade Administration
exports of the subject merchandise, or in The merchandise covered by this
the event of a negative preliminary investigation is fı̀ne denier polyester staple [A–533–875]
determination, a request for such fiber (fine denier PSF), not carded, combed,
or pre-opened, measuring less than 3.3 Fine Denier Polyester Staple Fiber
postponement is made by the petitioner.
decitex (3 denier) in diameter. The scope From India: Preliminary Affirmative
Section 351.210(e)(2) of the covers all fine denier PSF, whether coated or Determination of Sales at Less Than
Department’s regulations requires that a uncoated. The following products are Fair Value, Postponement of Final
request by exporters for postponement excluded from the scope: Determination, and Extension of
of the final antidumping determination (1) PSF equal to or greater than 3.3 decitex
Provisional Measures
be accompanied by a request for (more than 3 denier, inclusive) currently
extension of provisional measures from classifiable under Harmonized Tariff AGENCY: Enforcement and Compliance,
a four-month period to a period not Schedule of the United States (HTSUS) International Trade Administration,
more than six months in duration. subheadings 5503.20.0045 and 5503.20.0065. Department of Commerce.
On November 13, 2017, pursuant to (2) Low-melt PSF defined as a bi-
component polyester fiber having a polyester SUMMARY: The Department of Commerce
19 CFR 351.210(e), TCK requested that (the Department) preliminarily
fiber component that melts at a lower
the Department postpone the final temperature than the other polyester fiber determines that fine denier polyester
daltland on DSKBBV9HB2PROD with NOTICES
determination and that provisional component, which is currently classifiable staple fiber (fine denier PSF) from India
measures be extended to a period not to under HTSUS subheading 5503.20.0015. is being, or is likely to be, sold in the
exceed six months.9 In accordance with United States at less than fair value
China, the Republic of Korea, and Taiwan— (LTFV). The period of investigation
8 See 19 CFR 351.309; see also 19 CFR 351.303 Petitioners’ Request to Postpone the Antidumping
(for general filing requirements). Duty Preliminary Determinations,’’ dated October
(POI) is April 1, 2016, through March
9 See Petitioner’s Letter, ‘‘Fine Denier Polyester 13, 2017. 31, 2017.
Staple Fiber from India, the People’s Republic of 10 See also 19 CFR 351.210(e). DATES: Applicable January 5, 2018.
VerDate Sep<11>2014 16:30 Jan 04, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\05JAN1.SGM 05JAN1](https://thefederalregister.org/doc/83_FR_664/page/3.svg)
Document Created: 2018-10-26 09:32:12
Document Modified: 2018-10-26 09:32:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable January 5, 2018. | |
| Contact | Karine Gziryan or Celeste Chen, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4081 or (202) 482-0890, respectively. | |
| FR Citation | 83 FR 660 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR